Regularização fundiária urbana na lei nº 13.465/17: diretrizes para uma implementação efetiva da Reurb

Abstract

This Master's dissertation in Law addresses urban land irregularity in Brazil, which resulted from several factors, among which we can mention the accelerated and disorganized urbanization of urban centers; the exclusionary and elitist nature of urban planning and land acquisition legislation created throughout the construction of Brazilian society; and the lack of oversight by the Public Authorities. Several laws were created in order to combat urban irregularity, many of which were unsuccessful in their purpose. Currently, Law No. 13,465/17 is the legal framework that deals with Urban Land Regularization (Reurb) in the country. Considering the several advantages of Reurb for society as a whole, such as improving the population's quality of life; guaranteeing decent housing; granting title to property or possession to its beneficiaries, as well as promoting economic development, it is important to ensure means of implementing Reurb effectively. There are many challenges to this, such as the lack of financial resources by the Municipality; lack of knowledge of the law; lack of inter-institutional dialogue; lack of participation by the population, among others, which gives rise to the research problem: what would be the guidelines, complementary to the Reurb procedure, that could help to effectively implement Reurb in the country. The general objective of this research is to systematize the practical guidelines, complementary to the Reurb procedure, that can facilitate the actions of the agents responsible for Reurb and its processing in order to assist in the implementation of Reurb and, thus, achieve its positive effects in a fast, safe and effective manner. The methodology used was qualitative and bibliographic. For data collection, the strategy used was an open questionnaire, applied to the real estate registrars of Portão/RS and Teutônia/RS. Initially, the historical process of Brazilian urban irregularity will be addressed, such as the legislation created to combat it; the constitutional expectation regarding private property in the Brazilian legal system and the impact of the idea of fixed/absolute property on urban irregularity. Subsequently, the main notions about Urban Land Regularization, brought by Law No. 13,465/17, such as legitimacy, instruments, procedures, among other aspects, will be analyzed. Furthermore, the main practical challenges of the agents responsible for Reurb at the beginning and during the procedure will be analyzed in order to understand the reasons for the ineffectiveness of the Reurb Law in practice, as well as an analysis of private property and Reurb from the perspective of the AED. Finally, as a result of this research, a set of practical guidelines will be presented aimed at the main agents of Reurb, in order to assist them in the effective implementation of Reurb, with speed and security.